Ohio Family Law Blog

Basic process for a collaborative divorce

Many people have disputes with others in Ohio. It could be disagreements between co-workers, children, spouses and other people. In many instances these disputes and arguments can be resolved through discussions and people compromise in order to resolve the dispute. However, sometimes discussions do not resolve the dispute and people may need the help of others to help to resolve them. This is true for many different disputes, including for people going through a divorce.

There are different ways to resolve a divorce. If people cannot reach agreements they can litigate the issues and ultimately have a judge make the decisions for them. However, people can also reach agreements and make all the final decisions themselves. They can do this through discussions, with the help of mediators or the couple could also decide to utilize the collaborative divorce process. This is basically a process where both the attorneys and parties commit to reaching agreements instead of litigation and even sign an agreement that they will not litigate.

Getting to the bottom of a hidden asset problem

Divorce is definitely not an easy process, especially if you are hit with obstacles that threaten to delay proceedings or impede your ability to protect your interests. Regardless of how you feel about what transpired during your marriage, you likely just want to resolve the pertinent issues at hand, agree to a settlement and move on to a new lifestyle. That can be pretty tough to do if your spouse is being underhanded and trying to hide assets to keep them from being subject to division in court.

Ohio is an equitable property state, as most states are. The judge overseeing your case must determine a fair means of dividing your marital assets and any debt liability that exists at the time of your divorce that you or your spouse incurred during marriage. How can you get what you entitled to, however, if your spouse is stashing cash, draining a jointly owned bank account or performing other sneaky deeds to try to gain the upper hand?

What is considered separate property in a divorce?

During a marriage in Ohio, couples can acquire various property and assets. Sometimes the property and assets are owned jointly by both spouses and sometimes the property is held in only one spouse's name. However, it does not matter which spouse's name is on the title or the account according to the law the property and assets are marital property. This is because the law assumes that both spouses contributed in some way to earn the income and purchase the assets.

This means that if the couple divorces they will need to split all the marital property equitably regardless of whose name is on a title or account. However, the couple may also own separate property which will not be divided. Separate property will remain with the spouse who owns it.

What will a divorce accomplish for Ohio residents?

For some people who are experiencing relationship problems with their spouse, divorce is probably the last option they think about. Many couples spend years trying to work out their issues before they finally decide that the best path forward for everyone involved is to pursue a divorce. But, what will a divorce accomplish for Ohio residents?

Well, for starters, a divorce will provide the legal ending of a marriage, which itself is a legal institution. Most people know about many of the benefits that married couples have, such as tax benefits and insurance benefits, as well as the prospect of stability in the home for children. A divorce accomplishes the legal split of the couple, ending the marriage and allowing the ex-spouses to proceed as newly-single individuals.

What factors will affect your child custody issue?

In many divorce cases in Ohio, the most important issue for the parties involved is child custody. Some couples are able to work out an agreement on how the issue will be handled, but there are many who simply cannot agree. After all, the parties in a divorce often are not coming from a good place, especially in how they agree or disagree. What factors affect child custody issues?

Well, for starters, it will be important to address both legal custody and physical custody. Legal custody refers to the right to make choices for how the child will be raised, such as where the child will attend school and what religious practices the child will be raised in. Physical custody refers to where the child will actually reside: when, with who and for how long.

Dealing with problems paying child support

There are thousands of parents in Ohio who are bound to comply with a child support order from a court. For some, child support payments are not a problem, and they willing make the monthly payments in order to attempt to ensure that their children have what they need. However, there are many parents who struggle with child support orders, and they do everything they can to make sure that the payments are made in full and on time. But, they may still come up short.

A recent report noted some of the problems that parents may face when they are ordered to comply with a child support order. The main problem? Getting behind in payments, or owing payments "in arrears," as it is usually called. When payments are not made in full and on time, the amount owed in arrears can balloon incredibly. Even parents who attempt to pay extra when they do try to catch up on payments may find that they simply lack the financial resources to do so.

Mediation can put you in the driver's seat during your divorce

During divorce, it is natural for you to feel as though your life is out of control. After all, the process can easily feel like an emotional and financial roller coaster.

However, divorce mediation may help you and your spouse to take full control of the process of planning your lives long-term. Here is a look at what mediation involves and how it may benefit you during your marital breakup in Ohio.

Unique issues with child support in cases in Ohio

Any issues in a divorce case that involve children can be highly contentious. Child support is one part of that aspect of these types of cases. While every parent obviously wants to take care of their children, being ordered by a court to pay money to an ex-spouse can rub some people the wrong way. And, any given case can have some unique child support issues to address.

For most people, there are benefits to attempting to negotiate an agreement out-of-court with a soon-to-be ex-spouse. While movies and televisions shows like to portray divorce cases as all-out courtroom battles, the reality is quite different. Many divorcing couples, even though their marriage is coming to an end, can appreciate the savings in both time and money that can come with attempting to work out an agreement that is mutually acceptable. Determining a child support amount that can be legally ratified by the court can be a part of such an agreement.

Getting a fair share during property division in a divorce

Ohio residents who are going through a divorce are likely to become familiar with a crucial legal term: "marital assets." Outside of child custody and support issues, the division of marital assets is likely to be among the most important issues for most people in a divorce. Why? Well, after years of marriage, you want to make sure that one gets their fair share during the property division part of a divorce.

However, getting a fair share may be more difficult than many people might think at first. One reason is because of the definition of what exactly is included in the marital assets. Some spouses may claim that certain property is not a part of the assets that should be split because they are not owned jointly. Such a claim could be successful in setting aside the property at issue, thereby reducing the total amount of assets that would be subject to the "equitable distribution" of the marital assets.

The divorce Ohio rate is dropping -- is it due to "millennials"?

For years, many lamented the rising number of divorces that ended marriages in America, to the point where most people believed it was "common knowledge" that half of all marriages would end in a divorce. However, that common refrain may not be as accurate as it might have been in years past.

According to a recent report, over the course of an eight-year period from 2008 to 2016, the divorce rate in America declined by 18 percent. That is a significant change in the divorce trends in our country. The recent report, which referenced a study by the University of Maryland, claimed that the decline was due to the fact that many younger people are waiting longer to get married -- with the presumption that they are more mature when they do, in fact, decide to, "tie the knot."

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